SB1,37,1918 16.527 (2) (ad) "Aggregate expected debt service and net exchange payments"
19means the sum of the following:
SB1,37,2120 1. The aggregate net payments expected to be made and received under a
21specified interest exchange agreement under sub. (4) (e).
SB1,37,2322 2. The aggregate debt service expected to be made on obligations related to that
23agreement.
SB1,38,3
13. The aggregate net payments expected to be made and received under all
2other interest exchange agreements under sub. (4) (e) relating to those obligations
3that are in force at the time of executing the agreement.
SB1, s. 87 4Section 87. 16.527 (4) (e) of the statutes is amended to read:
SB1,38,165 16.527 (4) (e) At Subject to pars. (h) and (i), at the time of, or in anticipation
6of, contracting for the appropriation obligations and at any time thereafter so long
7as the appropriation obligations are outstanding, the department may enter into
8agreements and ancillary arrangements relating to the appropriation obligations,
9including trust indentures, liquidity facilities, remarketing or dealer agreements,
10letter of credit agreements, insurance policies, guaranty agreements,
11reimbursement agreements, indexing agreements, or interest exchange
12agreements. Any payments made or received pursuant to any such agreement or
13ancillary arrangement shall be made from or deposited as provided in the agreement
14or ancillary arrangement. The determination of the department included in an
15interest exchange agreement that such agreement relates to an appropriation
16obligation shall be conclusive.
SB1, s. 88 17Section 88. 16.527 (4) (h) of the statutes is created to read:
SB1,38,2018 16.527 (4) (h) 1. Subject to subd. 2., the terms and conditions of an interest
19exchange agreement under par. (e) shall not be structured so that, as of the trade date
20of the agreement, both of the following are reasonably expected to occur:
SB1,38,2521 a. The aggregate expected debt service and net exchange payments relating to
22the agreement during the fiscal year in which the trade date occurs will be less than
23the aggregate expected debt service and net exchange payments relating to the
24agreement that would be payable during that fiscal year if the agreement is not
25executed.
SB1,39,4
1b. The aggregate expected debt service and net exchange payments relating to
2the agreement in subsequent fiscal years will be greater than the aggregate expected
3debt service and net exchange payments relating to the agreement that would be
4payable in those fiscal years if the agreement is not executed.
SB1,39,55 2. Subd. 1. shall not apply if either of the follow occurs:
SB1,39,96 a. The department receives a determination by the independent financial
7consulting firm that the terms and conditions of the agreement reflect payments by
8the state that represent on-market rates as of the trade date for the particular type
9of agreement.
SB1,39,1410 b. The department provides written notice to the joint committee on finance of
11its intention to enter into an agreement that is reasonably expected to satisfy subd.
121., and the joint committee on finance either approves or disapproves, in writing, the
13department's entering into the agreement within 14 days of receiving the written
14notice from the commission.
SB1,39,1715 3. This paragraph shall not limit the liability of the state under an agreement
16if actual contracted net exchange payments in any fiscal year exceed original
17expectations.
SB1, s. 88d 18Section 88d. 16.527 (4) (i) of the statutes is created to read:
SB1,39,2019 16.527 (4) (i) With respect to any interest exchange agreement or agreements
20specified in par. (e), all of the following shall apply:
SB1,39,2321 1. The department shall contract with an independent financial consulting
22firm to determine if the terms and conditions of the agreement reflect a fair market
23value, as of the proposed date of the execution of the agreement.
SB1,40,224 2. The interest exchange agreement must identify by maturity, bond issue, or
25bond purpose the obligation to which the agreement is related. The determination

1of the department included in an interest exchange agreement that such agreement
2relates to an obligation shall be conclusive.
SB1,40,73 3. The resolution authorizing the department to enter into any interest
4exchange agreement shall require that the terms and conditions of the agreement
5reflect a fair market value as of the date of execution of the agreement, as reflected
6by the determination of the independent financial consulting firm under subd. 1.,
7and shall establish guidelines for any such agreement, including the following:
SB1,40,88 a. The conditions under which the department may enter into the agreements.
SB1,40,99 b. The form and content of the agreements.
SB1,40,1010 c. The aspects of risk exposure associated with the agreements.
SB1,40,1111 d. The standards and procedures for counterparty selection.
SB1,40,1312 e. The standards for the procurement of, and the setting aside of reserves, if
13any, in connection with, the agreements.
SB1,40,1514 f. The provisions, if any, for collateralization or other requirements for securing
15any counterparty's obligations under the agreements.
SB1,40,1716 g. A system for financial monitoring and periodic assessment of the
17agreements.
SB1, s. 88h 18Section 88h. 16.527 (4) (j) of the statutes is created to read:
SB1,40,2219 16.527 (4) (j) Semiannually, during any year in which the state is a party to an
20agreement entered into pursuant to par. (e), the department shall submit a report
21to the cochairpersons of the joint committee on finance listing all such agreements.
22The report shall include all of the following:
SB1,40,2423 1. A description of each agreement, including a summary of its terms and
24conditions, rates, maturity, and the estimated market value of each agreement.
SB1,41,2
12. An accounting of amounts that were required to be paid and received on each
2agreement.
SB1,41,43 3. Any credit enhancement, liquidity facility, or reserves, including an
4accounting of the costs and expenses incurred by the state.
SB1,41,55 4. A description of the counterparty to each agreement.
SB1,41,76 5. A description of the counterparty risk, the termination risk, and other risks
7associated with each agreement.
SB1, s. 89b 8Section 89b. 16.528 (1) (a) of the statutes is amended to read:
SB1,41,149 16.528 (1) (a) "Agency" means an office, department, independent agency,
10institution of higher education, association, society, or other body in state
11government created or authorized to be created by the constitution or any law, that
12is entitled to expend moneys appropriated by law, including the legislature and the
13courts, but not including an authority created in subch. II of ch. 114 or subch. III of
14ch. 149 or in ch. 231, 233, 234, or 237, or 279.
SB1, s. 90b 15Section 90b. 16.53 (2) of the statutes is amended to read:
SB1,41,2416 16.53 (2) Improper invoices. If an agency receives an improperly completed
17invoice, the agency shall notify the sender of the invoice within 10 working days after
18it receives the invoice of the reason it is improperly completed. In this subsection,
19"agency" means an office, department, independent agency, institution of higher
20education, association, society, or other body in state government created or
21authorized to be created by the constitution or any law, that is entitled to expend
22moneys appropriated by law, including the legislature and the courts, but not
23including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch.
24231, 233, 234, or 237, or 279.
SB1, s. 91 25Section 91. 16.53 (10) (a) of the statutes is amended to read:
SB1,42,16
116.53 (10) (a) If an emergency arises which requires the department to draw
2vouchers for payments which will be in excess of available moneys in any state fund,
3the secretary, after notifying the joint committee on finance under par. (b), may
4prorate and establish priority schedules for all payments within each fund, including
5those payments for which a specific payment date is provided by statute, except as
6otherwise provided in this paragraph. The secretary shall draw all vouchers
7according to the preference provided in this paragraph. All direct or indirect
8payments of principal or interest on state bonds and notes issued under subch. I of
9ch. 18 and payments due, if any, under an agreement or ancillary arrangement
10entered into under s. 18.06 (8) (a) relating to any public debt contracted under
11subchs. I and IV of ch. 18
have first priority. All direct or indirect payments of
12principal or interest on state notes issued under subch. III of ch. 18 have 2nd priority.
13No payment having a 1st or 2nd priority may be prorated or reduced under this
14subsection. All state employee payrolls have 3rd priority. The secretary shall draw
15all remaining vouchers according to a priority determined by the secretary. The
16secretary shall maintain records of all claims prorated under this subsection.
SB1, s. 92b 17Section 92b. 16.54 (9) (a) 1. of the statutes is amended to read:
SB1,42,2318 16.54 (9) (a) 1. "Agency" means an office, department, independent agency,
19institution of higher education, association, society or other body in state
20government created or authorized to be created by the constitution or any law, which
21is entitled to expend moneys appropriated by law, including the legislature and the
22courts, but not including an authority created in subch. II of ch. 114 or subch. III of
23ch. 149 or in ch. 231, 233, 234, or 237, or 279.
SB1, s. 95 24Section 95. 16.54 (12) (b) of the statutes is amended to read:
SB1,43,6
116.54 (12) (b) The department of workforce development children and families
2may not expend or encumber any moneys received under s. 20.445 credited to the
3appropriation account under s. 20.437 (2) (mm) or
(3) (mm) unless the department
4of workforce development children and families submits a plan for the expenditure
5of the moneys to the department of administration and the department of
6administration approves the plan.
SB1, s. 98 7Section 98. 16.54 (12) (d) of the statutes is amended to read:
SB1,43,148 16.54 (12) (d) At the end of each fiscal year, the department of administration
9shall determine the amount of moneys that remain in the appropriation accounts
10under ss. 20.435 (8) (mm) and 20.445 20.437 (2) (mm) and (3) (mm) that have not been
11approved for encumbrance or expenditure by the department pursuant to a plan
12submitted under par. (a) or (b) and shall require that such moneys be lapsed to the
13general fund. The department shall notify the cochairpersons of the joint committee
14on finance, in writing, of the department's action under this paragraph.
SB1, s. 100b 15Section 100b. 16.70 (2) of the statutes is amended to read:
SB1,43,1716 16.70 (2) "Authority" means a body created under subch. II of ch. 114 or subch.
17III of ch. 149 or under ch. 231, 232, 233, 234, 235, or 237, or 279.
SB1, s. 101d 18Section 101d. 16.71 (1m) of the statutes is amended to read:
SB1,44,419 16.71 (1m) The department shall not delegate to any executive branch agency,
20other than the board of regents of the University of Wisconsin System, the authority
21to enter into any contract for materials, supplies, equipment, or contractual services
22relating to information technology or telecommunications prior to review and
23approval of the contract by the department. No executive branch agency, other than
24the board of regents of the University of Wisconsin System, may enter into any such
25contract without review and approval of the contract by the department. Any

1executive branch agency that enters into a contract relating to information
2technology under this section shall comply with the requirements of s. 16.973 (13).

3Any delegation to the board of regents of the University of Wisconsin System is
4subject to the limitations prescribed in s. 36.11 (49).
SB1, s. 101k 5Section 101k. 16.72 (2) (e) (intro.) of the statutes is amended to read:
SB1,44,166 16.72 (2) (e) (intro.) In writing the specifications under this subsection, the
7department and any other designated purchasing agent under s. 16.71 (1) shall
8incorporate requirements for the purchase of products made from recycled materials
9and recovered materials if their use is technically and economically feasible. Each
10authority other than the University of Wisconsin Hospitals and Clinics Authority,
11the Lower Fox River Remediation Authority,
and the Health Insurance
12Risk-Sharing Plan Authority, in writing specifications for purchasing by the
13authority, shall incorporate requirements for the purchase of products made from
14recycled materials and recovered materials if their use is technically and
15economically feasible. The specifications shall include requirements for the
16purchase of the following materials:
SB1, s. 101L 17Section 101L. 16.72 (2) (f) of the statutes is amended to read:
SB1,45,218 16.72 (2) (f) In writing specifications under this subsection, the department,
19any other designated purchasing agent under s. 16.71 (1), and each authority other
20than the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
21River Remediation Authority,
and the Health Insurance Risk-Sharing Plan
22Authority shall incorporate requirements relating to the recyclability and ultimate
23disposition of products and, wherever possible, shall write the specifications so as to
24minimize the amount of solid waste generated by the state, consistent with the
25priorities established under s. 287.05 (12). All specifications under this subsection

1shall discourage the purchase of single-use, disposable products and require,
2whenever practical, the purchase of multiple-use, durable products.
SB1, s. 102 3Section 102. 16.75 (1) (a) 1. of the statutes, as affected by 2005 Wisconsin Act
4141
, is amended to read:
SB1,45,135 16.75 (1) (a) 1. All orders awarded or contracts made by the department for all
6materials, supplies, equipment, and contractual services to be provided to any
7agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
8(6), (7), (8), (9), (10e), and (10m) and ss. 16.73 (4) (a), 16.751, 16.754, 16.964 (8), 50.05
9(7) (f), 153.05 (2m) (a), and 287.15 (7), and 301.265, shall be awarded to the lowest
10responsible bidder, taking into consideration life cycle cost estimates under sub.
11(1m), when appropriate, the location of the agency, the quantities of the articles to
12be supplied, their conformity with the specifications, and the purposes for which they
13are required and the date of delivery.
SB1, s. 102e 14Section 102e. 16.75 (1m) of the statutes is amended to read:
SB1,46,315 16.75 (1m) The department shall award each order or contract for materials,
16supplies or equipment on the basis of life cycle cost estimates, whenever such action
17is appropriate. Each authority other than the University of Wisconsin Hospitals and
18Clinics Authority and, the Lower Fox River Remediation Authority, the Wisconsin
19Aerospace Authority, and the Health Insurance Risk-Sharing Plan Authority shall
20award each order or contract for materials, supplies or equipment on the basis of life
21cycle cost estimates, whenever such action is appropriate. The terms, conditions and
22evaluation criteria to be applied shall be incorporated in the solicitation of bids or
23proposals. The life cycle cost formula may include, but is not limited to, the
24applicable costs of energy efficiency, acquisition and conversion, money,
25transportation, warehousing and distribution, training, operation and maintenance

1and disposition or resale. The department shall prepare documents containing
2technical guidance for the development and use of life cycle cost estimates, and shall
3make the documents available to local governmental units.
SB1, s. 103 4Section 103. 16.75 (6) (bm) of the statutes is amended to read:
SB1,46,115 16.75 (6) (bm) If the secretary determines that it is in the best interest of this
6state to do so, he or she may waive any requirement under subs. (1) to (5) and ss.
716.705 and 16.72 (2) (e) and (f) and (5) with respect to any contract entered into by
8the department of workforce development children and families under s. 49.143, if
9the department of workforce development children and families presents the
10secretary with a process for the procurement of contracts under s. 49.143 and the
11secretary approves the process.
SB1, s. 103g 12Section 103g. 16.75 (8) of the statutes is amended to read:
SB1,46,1913 16.75 (8) (a) 1. The department, any other designated purchasing agent under
14s. 16.71 (1), any agency making purchases under s. 16.74, and each authority other
15than the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox
16River Remediation Authority,
and the Health Insurance Risk-Sharing Plan
17Authority shall, to the extent practicable, make purchasing selections using
18specifications developed under s. 16.72 (2) (e) to maximize the purchase of materials
19utilizing recycled materials and recovered materials.
SB1,46,2520 2. Each agency and authority other than the University of Wisconsin Hospitals
21and Clinics Authority, the Lower Fox River Remediation Authority, and the Health
22Insurance Risk-Sharing Plan Authority shall ensure that the average recycled or
23recovered content of all paper purchased by the agency or authority measured as a
24proportion, by weight, of the fiber content of paper products purchased in a fiscal
25year, is not less than 40% of all purchased paper.
SB1, s. 103h
1Section 103h. 16.75 (9) of the statutes is amended to read:
SB1,47,72 16.75 (9) The department, any other designated purchasing agent under s.
316.71 (1), any agency making purchases under s. 16.74, and any authority other than
4the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River
5Remediation Authority,
and the Health Insurance Risk-Sharing Plan Authority
6shall, to the extent practicable, make purchasing selections using specifications
7prepared under s. 16.72 (2) (f).
SB1, s. 104b 8Section 104b. 16.765 (1) of the statutes is amended to read:
SB1,47,199 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and
10Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
11Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
12Fox River Remediation Authority,
and the Bradley Center Sports and
13Entertainment Corporation shall include in all contracts executed by them a
14provision obligating the contractor not to discriminate against any employee or
15applicant for employment because of age, race, religion, color, handicap, sex, physical
16condition, developmental disability as defined in s. 51.01 (5), sexual orientation as
17defined in s. 111.32 (13m), or national origin and, except with respect to sexual
18orientation, obligating the contractor to take affirmative action to ensure equal
19employment opportunities.
SB1, s. 105b 20Section 105b. 16.765 (2) of the statutes is amended to read:
SB1,48,1221 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
22Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
23Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
24Fox River Remediation Authority,
and the Bradley Center Sports and
25Entertainment Corporation shall include the following provision in every contract

1executed by them: "In connection with the performance of work under this contract,
2the contractor agrees not to discriminate against any employee or applicant for
3employment because of age, race, religion, color, handicap, sex, physical condition,
4developmental disability as defined in s. 51.01 (5), sexual orientation or national
5origin. This provision shall include, but not be limited to, the following: employment,
6upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
7termination; rates of pay or other forms of compensation; and selection for training,
8including apprenticeship. Except with respect to sexual orientation, the contractor
9further agrees to take affirmative action to ensure equal employment opportunities.
10The contractor agrees to post in conspicuous places, available for employees and
11applicants for employment, notices to be provided by the contracting officer setting
12forth the provisions of the nondiscrimination clause".
SB1, s. 106b 13Section 106b. 16.765 (4) of the statutes is amended to read:
SB1,48,1914 16.765 (4) Contracting agencies, the University of Wisconsin Hospitals and
15Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
16Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
17Fox River Remediation Authority,
and the Bradley Center Sports and
18Entertainment Corporation shall take appropriate action to revise the standard
19government contract forms under this section.
SB1, s. 107b 20Section 107b. 16.765 (5) of the statutes is amended to read:
SB1,49,1121 16.765 (5) The head of each contracting agency and the boards of directors of
22the University of Wisconsin Hospitals and Clinics Authority, the Fox River
23Navigational System Authority, the Wisconsin Aerospace Authority, the Health
24Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
25Authority,
and the Bradley Center Sports and Entertainment Corporation shall be

1primarily responsible for obtaining compliance by any contractor with the
2nondiscrimination and affirmative action provisions prescribed by this section,
3according to procedures recommended by the department. The department shall
4make recommendations to the contracting agencies and the boards of directors of the
5University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational
6System Authority, the Wisconsin Aerospace Authority, the Health Insurance
7Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, and the
8Bradley Center Sports and Entertainment Corporation for improving and making
9more effective the nondiscrimination and affirmative action provisions of contracts.
10The department shall promulgate such rules as may be necessary for the
11performance of its functions under this section.
SB1, s. 108b 12Section 108b. 16.765 (6) of the statutes is amended to read:
SB1,49,2113 16.765 (6) The department may receive complaints of alleged violations of the
14nondiscrimination provisions of such contracts. The department shall investigate
15and determine whether a violation of this section has occurred. The department may
16delegate this authority to the contracting agency, the University of Wisconsin
17Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
18Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
19the Lower Fox River Remediation Authority, or the Bradley Center Sports and
20Entertainment Corporation for processing in accordance with the department's
21procedures.
SB1, s. 109b 22Section 109b. 16.765 (7) (intro.) of the statutes is amended to read:
SB1,50,723 16.765 (7) (intro.) When a violation of this section has been determined by the
24department, the contracting agency, the University of Wisconsin Hospitals and
25Clinics Authority, the Fox River Navigational System Authority, the Wisconsin

1Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
2Fox River Remediation Authority,
or the Bradley Center Sports and Entertainment
3Corporation, the contracting agency, the University of Wisconsin Hospitals and
4Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
5Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower
6Fox River Remediation Authority,
or the Bradley Center Sports and Entertainment
7Corporation shall:
SB1, s. 110b 8Section 110b. 16.765 (7) (d) of the statutes is amended to read:
SB1,50,149 16.765 (7) (d) Direct the violating party to take immediate steps to prevent
10further violations of this section and to report its corrective action to the contracting
11agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
12Navigational System Authority, the Wisconsin Aerospace Authority, the Health
13Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
14Authority,
or the Bradley Center Sports and Entertainment Corporation.
SB1, s. 111b 15Section 111b. 16.765 (8) of the statutes is amended to read:
SB1,51,616 16.765 (8) If further violations of this section are committed during the term
17of the contract, the contracting agency, the Fox River Navigational System Authority,
18the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan
19Authority, the Lower Fox River Remediation Authority, or the Bradley Center Sports
20and Entertainment Corporation may permit the violating party to complete the
21contract, after complying with this section, but thereafter the contracting agency, the
22Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the
23Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
24Authority,
or the Bradley Center Sports and Entertainment Corporation shall
25request the department to place the name of the party on the ineligible list for state

1contracts, or the contracting agency, the Fox River Navigational System Authority,
2the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan
3Authority, the Lower Fox River Remediation Authority, or the Bradley Center Sports
4and Entertainment Corporation may terminate the contract without liability for the
5uncompleted portion or any materials or services purchased or paid for by the
6contracting party for use in completing the contract.
SB1, s. 112g 7Section 112g. 16.847 (2) of the statutes is created to read:
SB1,51,138 16.847 (2) Energy conservation construction projects. (a) The department
9may provide funding to agencies, as defined in s. 16.70 (1e), for energy conservation
10construction projects at state facilities under the jurisdiction of the agencies to
11enhance the energy efficiency of the facilities. The department shall prescribe
12standards for evaluation of proposed projects and allocation of available moneys for
13those projects under this subsection.
SB1,51,1714 (b) The department shall measure and verify each energy conservation
15construction project funded under this subsection in accordance with the
16performance measurement and verification guidelines adopted by the federal
17Energy Management Program.
SB1,51,2318 (c) The department shall, to the extent feasible, use the procedures under s.
1916.858 to carry out energy conservation construction projects funded under this
20subsection. In any contract entered into by the department under s. 16.858 that is
21funded under this subsection, the contract shall set forth the minimum savings in
22energy usage that will be realized by the state from construction of the project and
23the contractor shall guarantee that the savings will be realized.
SB1, s. 112r 24Section 112r. 16.847 (3) of the statutes is created to read:
SB1,52,7
116.847 (3) Assessments. The department may annually assess any agency that
2receives funding under sub. (2) in an amount determined by the department not
3exceeding the agency's proportionate share of debt service costs incurred under s.
420.505 (5) (kd) or the savings in the agency's energy costs generated, whichever is
5greater, as a result of an energy conservation construction project that was funded
6by the department under sub. (2). The department shall credit all revenues received
7under this subsection to the appropriation account under s. 20.505 (5) (kd).
SB1, s. 113 8Section 113. 16.848 (2) (gc), (gg), (gn), (gr), (gt) and (gw) of the statutes are
9created to read:
SB1,52,1110 16.848 (2) (gc) Subsection (1) does not apply to property that is subject to sale
11by the department of military affairs under s. 21.19 (3) or 21.42 (3).
SB1,52,1312 (gg) Subsection (1) does not apply to property that is conveyed by the
13department of corrections under s. 301.25.
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